California 2021-2022 Regular Session Status: Enacted

AB 435 — Hearing aids: locked programming software: notice.

Last action — Chaptered by Secretary of State - Chapter 266, Statutes of 2021.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. A violation of the act is a crime. Existing law requires a licensed hearing aid dispenser or a licensed audiologist, upon the consummation of the sale of a hearing aid, to deliver to the purchaser a written receipt containing specified information, including, among other things, the address and office hours at which the licensee is available for servicing of the hearing aid and the terms of any guarantee or written warranty. Existing law requires a licensed hearing aid dispenser or a licensed audiologist to maintain certain records, including a copy of the written receipt, for 7 years and to permit inspection by the board upon reasonable notice. This bill would refer to a licensed dispensing audiologist instead of a licensed audiologist in the above-described provisions. The bill would require a licensed hearing aid dispenser or a licensed dispensing audiologist, before the consummation of the sale of a hearing aid that uses proprietary programming software or locked, nonproprietary software, as those terms are defined, to provide the purchaser with a written notice in 12-point type or larger that contains specified language informing the purchaser that the hearing aid can only be serviced or programmed at specific facilities or locations. The bill would require the written notice to be signed by the purchaser before the sale and would require the licensed hearing aid dispenser or a licensed dispensing audiologist to maintain a copy of the notice in accordance with the record-keeping requirements described above. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 266, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2237.).

  6. Read second time. Ordered to Consent Calendar.

  7. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  8. In committee: Hearing postponed by committee.

  9. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 21). Re-referred to Com. on APPR.

  10. Referred to Com. on B., P. & E.D.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1152.)

  13. Read second time. Ordered to Consent Calendar.

  14. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 14).

  15. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 18. Noes 0.) (April 6). Re-referred to Com. on APPR.

  16. Re-referred to Com. on B. & P.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  18. Referred to Com. on B. & P.

  19. From printer. May be heard in committee March 7.

  20. Read first time. To print.

Sponsors

  • Mullin · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Mullin

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 1000
Republican 2000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Eduardo Garcia — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Alanis, Juan Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Consent Calendar AB435

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 12001
Republican 4000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Eggman — Yea
Wilk — Yea
Atkins — Yea
Kamlager — Yea
Nielsen — Yea
Portantino — Yea
Glazer — Yea
Borgeas — Yea
Dodd — Yea
Pan — Yea
Bradford — Yea
Leyva — Yea
Hertzberg — Yea
Hueso — Yea
Skinner — Yea
Melendez — Yea
Rubio — Yea
Newman — Yea
Bates — Yea
Gonzalez — Yea
Min — Yea
Wieckowski — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Republican 2000
Democratic 3000
Total 11003
% of votes cast 79%0%0%21%
How each member voted (14)
Member Party Vote
Newman — Yea
Eggman — Yea
Min — Yea
Roth — Yea
Bates — Yea
Pan — Yea
Leyva — Not Voting
Dodd — Not Voting
Melendez — Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

AB 435 Mullin Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 27001
Unaffiliated 40001
Republican 10000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Bloom — Yea
Mullin — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Holden — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 7000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
McCarty — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 4000
Democratic 6000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Bloom — Yea
Salas — Yea
Chiu — Yea
Ting — Yea
Low — Yea
Holden — Yea
Medina — Yea
McCarty — Yea
Mullin — Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 435 do?
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. A violation of the act is a crime. Existing law requires a licensed hearing aid dispenser or a licensed audiologist, upon the consummation of the sale of a hearing aid, to deliver to the purchaser a written receipt containing specified information, including, among other things, the address and office hours at which the licensee is available for servicing of the hearing aid and the terms of any guarantee or written warranty. Existing law requires a licensed hearing aid dispenser or a licensed audiologist to maintain certain records, including a copy of the written receipt, for 7 years and to permit inspection by the board upon reasonable notice. This bill would refer to a licensed dispensing audiologist instead of a licensed audiologist in the above-described provisions. The bill would require a licensed hearing aid dispenser or a licensed dispensing audiologist, before the consummation of the sale of a hearing aid that uses proprietary programming software or locked, nonproprietary software, as those terms are defined, to provide the purchaser with a written notice in 12-point type or larger that contains specified language informing the purchaser that the hearing aid can only be serviced or programmed at specific facilities or locations. The bill would require the written notice to be signed by the purchaser before the sale and would require the licensed hearing aid dispenser or a licensed dispensing audiologist to maintain a copy of the notice in accordance with the record-keeping requirements described above. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 435?
AB 435 is sponsored by Mullin.
What is the current status of AB 435?
This bill has been enacted into law. Introduced February 04, 2021. Enacted.
Where can I track AB 435?
Track AB 435 free on One Click Politics — get push/email alerts when it moves.

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